Is our groundwater district and board so dysfunctional, that it needs to be re-structured? There is provision in the law of The Texas Conservation Environmental Quality Board to have a citizen petition be signed by 50 people who believe dysfunction to be present
Note: Passions are still running high over the Hays Trinity Groundwater District's Presidents Day vote granting Wimberley Springs Partners' long sought groundwater permit. At last count, five Wimberley area residents and Austin attorney David Sanders had filed letters of protest with the District requesting a contested hearing. Two residents, Frank and Pam Sullivan, have even floated the idea of a new groundwater district being formed to manage the resource in the Wimberley Valley.
Send your comments and news tips to roundup.editor@gmail.com, to Ms. Shoemaker-Beal at creatas@aol.com or click on the "comments" button at the bottom of the story. Contact the HTGCD general manager at manager2@haysgroundwater.com for updates on letters protesting the WSP permit. Deadline for requests for a contested hearing is 4 p.m. today.
By Roberta Shoemaker-Beal
Guest Commentary
Did you hear of the disorder in our democracy, at a meeting of elected officials recently, at the Dripping Springs City Hall? From my perspective it was a tragedy at our bio-regional “water court,” by the Hays Trinity Groundwater Conservation District (HTGCD), Directors, elected to “preserve, conserve and protect” the sources of our drinking and property water. On President’s Day (Monday, Feb. 21), of all days, those assembled saw a “water case” go bad. I imagine the founders of our country are rolling over in their graves.My Wimberley Valley neighbors showed up to this “town meeting on water issues." They were well-studied, caring and eloquent people, who emerged for me as the true guardians of our Hays-Trinity Aquifer water resources. Our good neighbors spoke of the technical and scientific basis for understanding the complex aquifer hydro-geology for that invisible life-giving source deep beneath our feet, our water.
David Baker, HTGCD Director and visionary for the Jacob’s Well Educational Site, spoke of conserving our “water budget” to sustain the many basic values of water in our environment – the financial, the ecological and the aesthetic. One grandmother eloquently asked for the future of the beautiful Wimberley Valley to be sustained for her grandchildren. Based on the “votes” of those speaking to conserve our “water budget,” the outcome vote would have been 2 dozen against permitting more water draw-down, to the 6 voting to increase the water deficit.
Those 6 requesting water drawdown, for an unnecessary golf course support a group calling themselves the Wimberley Springs Partners (WSP), commercial developers who really want to build 1,300 more homes. Their permit application seemed incomplete. No water capacity tests have been done on their wells since 2001. Still, WSP feels “they have the right” to add to the “water deficit” already happening here. Don’t be fooled though, they are not local. The WSP owners were hidden, from view behind their project manager, a $400 an hour lawyer and hydro-geologist who spoke. No corporate owners were present.
After a long description of the WSP position, their lawyer turned to the 200 folks gathered, and said something like, “It is now time to cooperate, and if we do not get our permit today we will sue!” What? Cooperation or threat?
I was shocked. In discussion, WSP would not even agree to NOT drawn down all their well #6, not far from our bio-regional water treasure, Jacob's Well, an aesthetic, environmentally, historic, tourist-attracting and educational natural wonder in the heart of the Hill Country. For the first time in history, Jacob's Well has stopped flowing, twice in the last ten years. It used to spout 20 feet up into the air. Will we, the locals and tourists, have to be happy, when and if Cypress Creek is still flowing through downtown? Are we at the mercy of "a disorder” in these Texas courts? WSP saw no need to be neighborly; they seemed to know they had the "necessary" votes to “make good” on their threat.
Environmental steward Steve Box came all the way from Bastrop to testify that the local groundwater district needed to postpone a vote on the WSP Request for Permit to draw down more from our water table. This water-savvy man stated that Texas “water law” requires a water measure be determined, called the desired future condition (DFC), to sustain the water level of any Texas aquifer. Mr. Box reported that the DFC Report is due soon, so a vote before those levels has been determined may even be against the law. This knowledgeable man is one of the Bastrop, Burleson and Lee county visionaries, who work to protect the water in their strategic aquifer, at the junction of the Colorado River surface water, as it passes through Central Texas, where it meets the underground Simsboro Aquifer. As an Environmental Steward of the Colorado River, Box says, “The water wars have begun."
Based on the vote of the HTGCD "Water Court," the "WSP," won by a 3-2 vote by those elected to “conserve, preserve and protect” our water resources. How could that be? Logic, law and common sense, science and the interest of the vast majority of the citizens were ignored. Truly effective court voting procedures were ignored. Relevant and related items were not allowed on the HTCWD agenda. The WSPartners seem to be at-variance with the law, according to the many who testified. George Washington and Abraham Lincoln, Happy Birthday?
The two Wimberley Groundwater District Directors, David Baker and Joan Jernigan, voted against the excessive water permit. Then, the 3 Water Officers from the north Hays County aquifer region (Jimmy Skipton, Mark Key and Greg Nesbitt) voted TO permit the water taking. The absentee WSP owners seemed to have endless funds to get their Midland oil-money “to work for them” in the Wimberley Valley. WSP have also aligned contractually with Aqua Texas, known waster of local water. Their for-profit parent corporation is traded on the NY Stock Exchange, as Aqua America (NYSE: WTR).
Yes, there is already big corporate money invested in making big profits from Texas communities, like Woodcreek. Before one drop comes out of a Woodcreek faucet, their base water bill could be $187. Some say the only way for Woodcreek to maintain its water at a reasonable rate is to “buy out Aqua Texas” and manage it responsibly themselves, so 30% of the water pumped is not wasted.
It makes me so sad that lawyers with deep-oily pockets can threaten our local natural resources and our drinking water. In fact, the Hays Trinity GCD was set up with limited Chapter 36 authority, such as no self-funding ability, under former Hays County Judge Jim Powers and former State Rep. Rick Green.
Now the question: Is our groundwater district and board so dysfunctional, that it needs to be re-structured? There is provision in the law of The Texas Conservation Environmental Quality Board to have a citizen petition be signed by 50 people who believe dysfunction to be present. Apparently, in Blanco County, the citizens took such an action and now they have a fully empowered Chapter 36 Water District, as the Texas Water legislation intended, to function for the protection of our water resources.
If our Hays County neighbors do not share our concerns, Frank and Pam Sullivan (who have filed a contested hearing letter with the District) feel that the Wimberley Valley is so unique that we might need our own groundwater district.
What story will be told of the President’s Day HTGCD debacle? Can our democracy work for us to protect our beautiful natural resources? Some good neighbors, led by Jim McMeans, coordinator of CARD, the Citizens Alliance for Responsible Development, have begun the process by filing a letter * to contest the WSP Water Permit ruling by our “water court.”
I am calling the HTGCD now to file a letter. Let’s get our democracy to work for us. Join me. Roberta Shoemaker-Beal and Jim Beal, whose stream has stopped flowing, except a few weeks a year. It used to flow 7-8 months a year, before 6 houses were built nearby.
References:
- To see Jim McMeans letter, go to The Hays County RoundUp for 3/01/2011
Contest the Outcome of the Water Permit requested by the WSP: Feb 21, 2011: Deadline is Thursday, March 3, 2011, by e-mail or delivery by 4 PM. Rules posted online at: http://haysgroundwater.com/files/Rules/2007_HTGCD_Rules.pdf including 5.5
See front page of the Austin American Statesman, 3/2 Who owns the Groundwater?
Steve Box: Environmental Stewardship: < http://environmental-stewardship.org/aboutus.aspx > Environmental Stewardship is a tax exempt non-profit whose purposes are to protect, conserve, restore, and enhance the earth's natural resources. Sign their petition to stop the “water-taking” in the Colorado-Simsboro bio-region: < http://www.ipetitions.com/petition/es-gbra-simsboro/ >
** Attend the Bastrop INDY Texans: Social Activism Training: March 19th:
< http://www.indytexans.org/political-reform-bio.php >
Contact David Baker: Jacob’s Well: conservation district and educational center.
< http://www.visitwimberley.com/water/join.shtml >
AquaAmerica, national corporate “parent” of AquaTexas: Woodcreek, Texas
< https://www.aquaamerica.com/News/Pages/AquaAmerica.aspx >
59 comments:
The apparent reaction to the HTGCD granting permits to WSP and WWSC on the 21st has been surprisingly negative. That reaction is primarily from the groundwater protecting idealogs and those with agendas other than protecting the water. The idealogs have a considerable following of amateur environmentalists. One thing they all seem to share is a lack of understanding of the Trinity Aquifer, Jacob’s Well and the limits of the GCD.
Had the HTGCD denied the permits it would not have saved one drop of groundwater, Both WWSP and the WWSC have not and do not waste the resource, they are businesses that know the law and work within it to accomplish their goals with compliance to environmental rules. It was just common sense to grant these permits, but sadly it is not all that common out here in “Hooterville” when it comes to groundwater. The “chicken little” mentality of some idealogs has become entrenched in the minds of the easily influenced and the crusaders looking for a cause.
Many criticisms have been directed at WSP and Winton Porterfield for pumping without a permit but interestingly no one has said a word about Dripping Springs Water Supply Company for doing the same thing, on a greater scale. I believe it has something to do with a lack of enemy identification and marching orders from the organizers such as David Baker and Jim McMeans. DSWSC has been in operation for years without a pumping permit and have never applied for one. Are they wasting water?
Well, well, another House of CARDs steering committee member looking for media attention. The only thing this group has in common is that they are a bunch of senior citizens acting like two year olds that want control over someone else's property.
Wake up, the "democracy" occurred when you elected your rep. However, your rep does not represent anyone or anything but his Jacobs Well idol - it's brought him considerable money for the last several years at the expense of and to the detriment of the taxpayers of the county. Much of the rest of the county is sick and tired of hearing about Jacobs Well and all the never-ending land schemes around it. If Jacob's Well is tied to the aquifer, then perhaps "we" should just plug up that leak.
You're still trying to play a numbers game where you believe that 51% should be able to simply take the property from the other 49% - without any recognition for individual rights. Even worse you mistakenly refer to rights that you don't have as an excuse to deny actual rights that other people do have.
The conduct of the CARD members and their misplaced belief that numbers trump common sense or the recognized property rights of others reminds me of a few quotes:
"Democracy is a pathetic belief in the collective wisdom of individual ignorance" H.L. Mencken
I can think of few others as ignorant as the lemmings following David Baker or Jim McMeans.
"The urge to save humanity is almost always a false front for the urge to rule" H.L. Mencken
Every time you hear the word "community" and "stakeholders" you know that they really mean that they have no stake at all, no ownership interest at all, but they still want control over your property.
CARD members can cite to a Rule but they can't read it. §5.5(F) imposes the following requirements on a non-applicant seeking to initiate the contested case process:
"(2) A person who
(a) has a personal justiciable interest related to a legal right, duty, privilege, power, or economic interest that is within the District's regulatory authority that is not merely an interest common to members of the public; and
(b) will be directly affected by the Board's decision on the application."
I look forward to the protesters establishing either one of these much less both of them. "We'll" watch the fall of the House of CARDs as ignorance meets reality head on.
To Anonymous #1:
The reason you don't see many
comments on this blog about Dripping Springs Water Supply
is that not many of the
people who post on this blog are
familiar enough with that situation to comment on it. We
thought we'd leave that up to
concerned Dripping Springs citizens
to tackle, since we are more than
busy with Wimberley area water woes.
And why don't you quit referring to
anyone you disagree with as
"Hooterville," "Chicken Little,"
drinkers of Kool Aid, hippies, etc.
The folks who spoke at the HTGCD
meeting in Dripping Springs on
Feb. 21 were knowledgeable, eloquent, and sincere, and they don't deserve your denigration. (Sorry if there are too many multi-syllable words in this for you.
Have someone read it to you.)
As one of the ignorant lemmings you are referring to I take exception to being called ignorant. Can the two of you at least try to be civil to your fellow citizens. If is it possible try to focus on the issues instead of using insults as a smoke screen to hide your bias against the general public and for WSP. It is obvious that you do not know any thing about the Trinity aquifer or how it impacts the life of this valley. If and when(if that is possible) you wish to have civil discourse then I will discuss the issue with you. Until then it is no use to try and talk to a closed mind.
Jim and David keep up the good work. There are a lot of open minded citizens behind you supporting your efforts. Ignore the closed minded ones (as I know you are).
In our initial posting of this story we said in the "Note" that Richard and Pam Sullivan have floated the idea of a separate groundwater district for the Wimberley Valley. That should have said Frank and Pam Sullivan. We've made the correction and apologize for the mix up.
Thanks, Bob, but the majority of us know that RICHARD Sullivan would in no way support a separate groundwater district for the Wimberley Valley when he has so openly supported WSP, the development of its non-essential golf course and the approval of its permit.
Anonymous said...”The reason you don't see many comments on this blog about Dripping Springs Water Supply is that not many of the people who post on this blog are familiar enough with that situation to comment on it.
What makes you think that the people in Dripping Springs don’t post here? Maybe it is because they just don’t agree with you. Have you forgotten that Drippin’ gets their water from the same Trinity Aquifer as you do? The real reason is that, you don’t care if there is growth in Dripping Springs, just as long as it is not in your selfish little area. I don’t think anyone from Drippin’ was at the hearing. I suspect the people in Dripping Springs are more accommodating of newcomers and better educated.
@ Anonymous 7:11am you got that right! Richard is one of our infamous nay sayers. He is against anything that doesn't benefit WSP.
I am amazed at the number of citizens who are outraged over the WSP water permit. You would think that WSP would be concerned about their public image. I guess they are more interested in the bottom line, i.e. money, than in being a good neighbor.
It would be nice if the blogger's who post on this site would address the apparent lack of community support that WSP has shown instead of attacking each other. What has WSP done for Wimberley Valley besides fomenting dissent and encouraging people to focus on issues other than the important one, what are we going to do about our ever decreasing water and how can we work together to make sure that there is enough water for future generations!
The best way to conquer is to divide. Read the posts carefully the more they deny that they are shills of the developers the more likely they are either paid or invested in the developer.
Wake up WSP you are facing a public relations nightmare.
And looking further into the "infamous nay-sayer's" postings, it appears that RICHARD Sullivan is the same person who serves as a director on the WPOA Board. Watch your backs, WPOA; you're being sold out!!
@ Anonymous 03/04/11 9:00 AM said
"What has WSP done for Wimberley Valley besides fomenting dissent and encouraging people to focus on issues other than the important one, what are we going to do about our ever decreasing water and how can we work together to make sure that there is enough water for future generations! "
What has CARD or WVWA or the last few authors writing on "water" under the pretext of "community" done other than foment dissent? You oppose someone having a permit and somehow the applicant is cast as the troublemaker. Perhaps the real disservice to the property owners/residents out here is exhibited by those trying to create hatred & contempt for any applicant. Talk about the pot calling the kettle black.
I laugh at the blogger above who proclaimed himself/herself to be "open-minded". All you need to do is read their post to recognize the presence of "groupthink". As usual the folks believe that they represent the public and that it is "the public" that opposes the applicant. They cast themselves as "agents/servants" of their imaginary "community". They seek to oppose any that do not share their ill-conceived, introverted beliefs. Perhaps in Wimberley the term should be "Groupiethink"
Bob: Thank you for clarifying that it was Frank Sullivan and not Richard Sullivan.
For a moment there I thought hell had indeed frozen over!
anonymous @ 10:21am
Methinks you protest too much! Hummmmmm! I recognize your "groupthink" buzzword. I know who you are now. Your initials are RS. Haven't you realized that you can't serve two masters yet. Quit straddling the fence and decide if you are for WSP or for WPOA, CARD and WVWS. I will not discuss the issues with you since you are more interested in "groupthink" than water issues.
The HTGC board needs to rethink their decision. If WSP really needs that much water then why not let the HTGC do another pump test to prove that opening these wells will not affect the aquifer. If it proves WSP's allegations then no harm done. If it shows that their wells will draw down the aquifer then WSP, HTGC, CARD & WVWS can get together at the table and (like adults) figure out a way that both sides can win. That would be more productive than squabbling like 2 yr olds over a coveted toy.
Richard Sullivan is liken to that invasive plant, Kudzu, once he takes root his overblown ego chokes out all other useful dialogue.
If, indeed, he is a 'plant' of WSP on the WPOA board then I would suggest he tender his resignation sooner than later.
@Anonymous 03/04/11 11:27 AM:
Sorry to disappoint you. I have no idea if "RS" contributed to anything above or not, but I am not he. Perhaps you should face the reality that "RS" is not the only resident of the area that recognizes property rights.
As for the WPOA, one only needs to go to the county clerk's office to see the foreclosures against members by the WPOA which then gifts property stolen from members to the WVWA - and then excuses WVWA from paying assessments. The only people that admire the WPOA are the WPOA board members.
As for CARD - you don't create standing out of thin air. No one needs to worry about "negotiating" with them. CARD is irrelevant and has no seat at any "table".
Hey Roberta way to go ahead and make up a quote:
"their lawyer turned to the 200 folks gathered, and said something like, “It is now time to cooperate, and if we do not get our permit today we will sue!” What? Cooperation or threat?"
Nice touch,try getting the real quote next time.
Okay you permit opponents, argue with this statement, “Had the HTGCD denied the permits for WSP and WWSC it would not have saved a single drop of groundwater”. If you disagree with that statement give a reason, not an attack.
"As for CARD - you don't create standing out of thin air. No one needs to worry about "negotiating" with them. CARD is irrelevant and has no seat at any "table"."
What specific criteria are used to determine standing in a contested case hearing with the HTGCD?
to Anonymous March 4, 8:49 am:
Yes, this blog is for anyone in
Hays County (and beyond), and I
know there are some posters from
Drippin', like you. But the majority of posters here seem to
be from Wimberley for now, and, as
I said, many of us aren't up on the
ins and outs of the DSWSC brouhaha.
That doesn't mean we aren't concerned about it. We're also
concerned about the way the TWDB is
allowing water suppliers to pump
groundwater from Lee and Bastrop to
other counties, over the objections
of Lost Pines GWD.
Personally, I'd love to read more
(civil) comments from Dripping
Springs. Surely they can't all be
as rude and bitter as you are.
And we in Wimberley are not uneducated. Many of our schools
have "Recognized" ratings. And
many of our townspeople spoke
very well at the HTGCD meeting
in Drippin' on Feb. 21. The meeting
was on your turf. How come no
eloquent speakers from the Drippin'
population? Are YOU the uneducated
and unconcerned ones?
You still didn’t say why you don’t seem to care that DSWSC is not permitted to pump a drop of water and they do, yet you go ballistic over WSP and WWSC obtaining their permits. I suspect you all have a secret agenda and it has nothing to do with water. Your reputation is pretty bad up here and it seems to be justified. It is interesting that Wimberley has two directors the way the districts are laid out presently. You should only have one director. This should change very soon with re-districting.
"If you are not at the table, then you are on the menu."
Don't recall who said that, but it is good advice. Dripping Springs is being sold out and pumped dry even faster than Wimberley, but seems that the populace just hasn't felt the threat...yet.
I look forward to the day when DS and Driftwood have just as many people at these meetings as Wimberley and Woodcreek do and the first thing DS can do is get rid of Greg Nesbitt who is selling us down the river and using his position at the HTGCD to find clients for his septic tank/swimming pool digging business. You are not being represented by this man, you are being exploited.
There is no reason to pit Dripping Springs folks against Wimberley, that will only serve to divide people who have very deep common interests in keeping our water supply clean and flowing.
We need to recognize that there are plenty of incredibly well-versed water people in our communities.
COMMUNITY is exactly how the people of Wimberley and Woodcreek are behaving by working together, educating themselves on the issues, coming out to meetings and getting up the courage to speak to boards that are less-than-friendly to their concerns.
Charles O'Dell said "What specific criteria are used to determine standing in a contested case hearing with the HTGCD?"
The elements for standing are set forth at 5.5(F) of the HTGCD's rules. The anonymous #2 actually already quoted the requirement for you - and the protesters are unlikely to be able to establish either a) or b) much less both.
However all this talk about "contested case" is moot. You had to file a protest in writing BEFORE the board rendered a decision. The procedural options after the decision are limited. There are options but a "contested case" is not one of them.
If you prefer you might contact any other groundwater district in the area and ask how their contested case procedure works.
It's fundamental that you must make the request before a decision is made and not wait until there is a decision that you just don't like.
The "10 days" by the way is the date by which a written order becomes "final". The date of the final order is important for establishing deadlines for other administrative or court action. (see, e.g., Tex Water Code §36.401 et seq.)
I am going to defend Richard Sullivan, simply because he has the courage to use his real name as well as his own blog site. And in the Roundup, that is commendable.
I would assume that Richard and I don't agree on too many issues - but I at least know who he is when he disagrees with me or challenges me on my views. And I want him to challenge me if he thinks I am off base. I will be better off because of it.
In fact, I respect Richard Sullivan and Charles O'Dell equally, even though Charles and I surely agree more often on the various issues. The same with anyone who is willing to use his or her name when posting in the Roundup.
And let me say this: Anna Fisher, who wrote the article about the gun store on RR 12, has more courage in her left pinkie than most of the Anonymous spitters do in their entire body. She was verbally abused by the comments following her tome, but she stood up for her values anyway.
That said, you go Richard, Charles, Roberta, Anna, Bob, Jim, Sam, et al. Community people like you all are in short supply.
Oops, I used the word "community." Some Anonymous will surely attack me as a socialist for using that word.
to DSR:
I DID say I was concerned about
DSWSC pumping without a permit
and about the current battle among
those Board members. But I'm knee
deep in alligators just trying to
keep up with what's going on in
Wimberley.
Why don't you urge your own fellow
citizens there in Dripping Springs
to raise a hue and cry with the
HTGCD about the fact that DSWSC
doesn't have a pumping permit? If
you'll get it started, I know I
and many others would get behind
you. We're sharing the aquifier,
and we need everyone who drinks
from it to urge HTGCD Board to
conserve it as they are supposed
to do.
to lady from dripping springs:
It's good to hear from someone in
Drippin' who is civil and who is
concerned about water. Maybe you
and DSR could get together and ask
the HTGCD Board to have DSWSC apply
for a pumping permit, too, since
they (like Wimberley Springs
Partners until now) don't have a
permit.
People in Wimberley and Woodcreek
will support Drippin' folks in
trying to get DSWSC to apply for
the pumping permit. Just put out
the word on this blog when you
plan to appear before the HTGCD
Board to ask them to deal with
the DSWSC lack of permit; we will
show up to back you.
And try to interest other folks in
your own town in helping you.
The next HTGCD Board meeting that
I know about is on March 24. The
place is not yet set.
Good luck!
to lady in dripping springs:
CORRECTION:
I see that the next HTGCD meeting will be on Monday, March 28 -- not
on March 24. In Dripping Springs at the Sunset Canyon Baptist Church
on Hwy 290. At 6 p.m.
Check the HTGCD website (www.haysgroundwater.com) to
confirm the date, place, and time before you go to the meeting.
That sounds like a great place and time. There are a couple of great places next door (The Stadium and the Canyon Grill) to get a brew and burger before the meeting. The meeting shouldn’t take a lot of time and everybody can be home in their jammies by 11:00pm.
Rocky B.
Although it would be nice if we all felt safe to use our real names, the truth is that some of us do not have the thick skin you appear to possess.
When names like "loon" and "hippie" and "amateur environmentalist" from "Hooterville" are used to slander and demean the folks who would like to see our water keep flowing, there is little reason to put one's name out there so those people can take targeted potshots at you. Me, I am just not up to the abuse, so yes, I hide behind a pseudonym, safely making my own points without fear of retaliation.
The reason you see water protection and opposition to new permits paired in these conversations is simple and you know it as well as anyone:
The most obvious way to conserve water is not to pump out so much of it, especially for questionably wise uses like another golf course or housing development in Woodcreek.
Now, that wasn't so bad was it?
One reason that DS people seem not to be as energized as those further down RR 12 is that there is no central water feature in the DS community for citizens to rally around.
DS is more spread out, has no cherished community swimming holes, no center of town at all, really.
A good part of DS can be characterized as very widely-spaced ranches or homes with large lots and aside from school and church events, there are few opportunities for ordinary working people in DS to attend events that make you feel like you are part of something like a "community".
There are the new subdivisions, and these people are beginning to have a sense of neighborhood and community, but many of these housing developments use water from Lake Travis, piped in from elsewhere and they are not as concerned about the aquifer as their neighbors who depend directly on well water.
Wimberley and Woodcreek were both founded around major water features and a lovely creek runs through both communities, tying them together in a common and very visible thread of concern.
Dripping Springs is sometimes a community without an obvious center, without the recognition of common interests and it is easy to divide a community that does not perceive itself as a community.
It is time for Dripping Springs citizens to see themselves as having a voice in whether they will become simply another suburb on the edge of Austin or a real town with its own interests that are centered more on those who live here than on some imagined hordes of new residents the developers want to attract so they can make and buck and move on to the next project.
It is not just about the water, but water is so central to life and well-being, it makes a great issue to come together over.
When the water starts to run out, it will start here in Dripping Springs, so please pay attention to what is being done in our name because it is not necessarily being done with our best interests at heart.
Thanks Rocky,
I was beginning to think that using your own name here was the kiss of death. Rocky we do not agree on many subjects but I believe we share a respect for the rule of law and fairness. While our methods may differ, I believe we both seek the truth and a better outcome for our Country. I wish the Blog owner would not allow anonymous comments, but I think Bob is all about readership numbers an that’s to be expected.
The anonymous attacks I have suffered have been relentless and unfair. I have been accused of comments made by others and there is no way to defend such a thing. IMHO most of the real nasty comments were from persons employed by or aligned with the WPOA and were based on their extreme hatred for the WSP and Mr. Porterfield and anybody who supports them. Since I am a Director on the WPOA Board, I believe that they feel betrayed in their desire that we should all think alike. Diversity of thought has never been their strong suit. I fought hard to become a Director in hopes of saving them from themselves. It will not be easy. Most of them are good people but some are caught up in a group mentality. Recently a division within the ranks occurred and the differences have been stark and hard for some to adjust to.
I am reminded of the story of “Five Monkeys”;
Start with a cage containing five monkeys. Inside the cage, you'll see a banana hanging on a string with a set of stairs placed under it. Before long, a monkey will go to the stairs and start to climb towards the banana. As soon as he touches the stairs, all of the other monkeys are sprayed with cold water.
After a while, another monkey makes an attempt to obtain the banana. As soon as his foot touches the stairs, all of the other monkeys are sprayed with cold water. It's not long before all of the other monkeys try to prevent any monkey from climbing the stairs.
Now, put away the cold water, remove one monkey from the cage and replace it with a new one. The new monkey sees the banana and wants to climb the stairs. To his surprise and horror, all of the other monkeys attack him as he makes his way toward the stairs. After another attempt and attack, he knows that if he tries to climb the stairs, he will be assaulted.
Next, remove another of the original five monkeys and replace it with a new one. The newcomer goes to the stairs and is attacked. The previous newcomer takes part in the punishment with enthusiasm! Likewise, replace a third original monkey with a new one, then a fourth, then the fifth. Every time the newest monkey takes to the stairs, he is attacked.
Most of the monkeys that are beating him have no idea why they were not permitted to climb the stairs or why they are participating in the beating of the newest monkey.
After replacing all the original monkeys, none of the remaining monkeys have ever been sprayed with cold water. Nevertheless, no monkey ever again approaches the stairs to try for the banana.
Why not? Because as far as they know that is the way it has always been.......
Mr. Sullivan,
The real deluded monkeys here are the ones who are convinced by developers that 'growth is inevitable" and that "businesses are good for the community and therefore must be supported no matter what".
It has always been this way, right?
These are ideas that are in dire need of being re-addressed and re-written for our times so that we do not become knee-jerk enablers for bad ideas that have brought us Wall Street abuses, urban sprawl, golf courses that waste water and that nobody is asking for and for unplanned development of all kinds.
We need to look further than Winton Porterfield's desire to make money when we make community decisions about how to use our shared groundwater resources.
Mr. Sullivan, I have read your scathing analysis of Aqua Texas (and even you must realize that Winton and Aqua are in bed together on these water projects) and I find it very confusing to see and hear you now support these projects that you know in your heart are going to be very bad for the water around here and for the residents like you and your neighbors.
How many sides can you be on at once time and still feel like you have any consistency to your position?
The real monkeys who have forgotten to think for themselves are those who would follow the lead of corporate players rather than think about what is actually best for themselves and their neighbors.
Working against your own interests in order to please the wealthy investors who you have apparently become friendly with (be careful about this, these guys are not really your friends, they are likely just using you, but that is your own problem) is a questionable way to conduct your life.
I suppose some people still think that "development is always good" or that "business is always good" or that wealth made by the wealthy will "trickle down" to the ordinary citizens, eventually.
It has always been this way, right?
Time to think again and yes, we monkeys need to think new thoughts based on new information, not the same tired ol' Wall Street excuses and abuses, developer schemes or business as usual that has gotten our economy into a mess and brought us urban sprawl and corporations who think they are people.
Mr. Sullivan, you are spanking the wrong monkey.
Richard the WPOA board strives to serve all our property owners including WSP. Neither the board or our employees hate WSP or Winton Porterfied. The board does not always see eye to eye with him but we respect his opinion. We respect and encourage individual opinions.
To those who read this blog I invite you to attend any of our meetings. The meeting dates are posted on our website along with the minutes of our meetings. BTW Mr Porterfield attends many of our meetings and is welcomed by all of the board and employees. If we hated him I doubt he would attend our meetings.
I am proud to identify myself as the president of the WPOA.
Hey Wimberley has its own Charlie Sheen! Way to go Richard save them from themselves!
my name is Dirk Bauer I am a candidate for dist 4 of the hays tinity waterboard. I live in the area where aqua texas is screwing us royaly, I am not someone who will sit by and watch it happen. I want to help you and I get this out of control water problem resolved. this group the WSP will not tell the people of Wimberley how to run our land, and our water.
"urban sprawl" -a slang term used by confused individuals who are frustrated that 99% of the population is just like them in that they weren't interested in limiting housing options to the general vicinity of Plymouth Rock.
Mr. Dirk Bauer, I find that you live in the Fallbrook Section of the WPOA, therefore you are a member of that Corporation. Were you influenced in any way by anyone in that organization to run for the position? I couldn’t help but notice that the first words out of your mouth were more about what you are against. What are you for sir? What can or will you do about Aqua Texas or WSP that you show so much disdain for?
Please explain what you mean by, “this group the WSP will not tell the people of Wimberley how to run our land, and our water”.
Methinks Mr. Bauer is not all that literate, but one doesn't have to be a rocket scientist to see that Aqua Texas is screwing Woodcreek.
Treehugger,
My belief is that only the mean spirited name callers should be required to post their name. In my opinion that would limit some of the ugliness that is sometimes heavy in the hearts of readers.
Over time I have largely curtailed my "angerholism" comments (but I slip sometimes) in favor of hopefully helpful opinions. I use my name mainly because if forces me to be more civil and thoughtful before I post something in the Roundup. Otherwise, people will see me also as a "strutting ass" - instead of just an "aging commie pinko hippie" - as some mistakenly assume.
Richard, I am glad you are on the WPOA Board. I own a rental property there and I look forward to meeting you in person at one of the next Board meetings.
Treehugger,
I love your moniker Treehugger. That is very honest in its own way.
My belief is that only the mean spirited name callers should be required to post their name. In my opinion that would limit some of the ugliness that is sometimes heavy in the hearts of readers.
Over time I have largely curtailed my "angerholism" comments (but I slip sometimes), hopefully in favor of helpful opinions. I use my name mainly because if forces me to be more civil and thoughtful before I post something in the Roundup. Otherwise, people will see me also as a "strutting ass" - instead of just an "aging commie pinko hippie" - as some mistakenly assume.
Richard, I am glad you are on the WPOA Board. I own a rental property there (fortunately rented) and I look forward to meeting you in person at one of the next Board meetings. We will be able to laugh at some of the names we both have been called in the Roundup.
Wimberley Springs Partners had been
pumping groundwater without a permit for years until about 2
weeks ago. Under pressure, they
applied for a permit and were given
one by the current HTGCD Board.
Now several posters on this blog
have questioned why Dripping Springs Water Supply Corporation
(DSWSC) - which has no pumping
permit either -- shouldn't be
made to apply for a permit from
HTGCD. I seem to remember that
there is/was a lawsuit addressing
that question. Does anyone know
whether such a lawsuit between
HTGCD and DSWSC is ongoing or
resolved?
Rocky, The WPOA meets on the third Thursday of the month at 2:30 pm. This months meeting is scheduled to be on the 17th. You are more than welcome to attend anytime and I will look forward to meeting you. I wish more members would attend these Board meetings just to keep us in check. Ditto on, “laugh at some of the names we both have been called in the Roundup”.
I am new to the area can someone tell me why the wpoa hates wsp so bad?
Bobbie:
When you refer to "the WPOA", please keep in mind that the WPOA corporation represents only a few of the board members controlling it and NOT the vast majority of the homeowners who are involuntary members of the organization. If the members had any say at all most of them would not be members.
The reason the controlling interest of the board of the WPOA corporation dislikes WSP is because WSP owned enough lots to "secede" from the WPOA. That means that the WPOA corporation board no longer controls many of the lots that used to be in the WPOA. Those lots also no longer pay assessment money to the WPOA corporation. So the WPOA board members lost control of those areas, they can no longer collect assessments on those areas, and they can no longer foreclose against owners in those areas and "gift" the foreclosed properties over to David Baker's WVWA cult as WPOA had been doing. For the moment, the rest of the owners/members in WPOA, are still stuck with the WPOA.
Oh but I like them. They helped me when I moved here. I still don't understand what this has to do with the water problem.rylagre
The WPOA is there to hold you captive to AquaTex. They do so by threatening to sue you if you were to drill a well to become independent of the AquaTex system. They aren't really there to "help" you. They are there solely to control you.
Wrong anonymous water wells are controlled the state. You can not drill a water well on less than 6 acres. No matter what your feelings for the WPOA they can not grant water well permits only the state/county can.
WOO someone thinks the world is out to get him. I think they call that paranoid.
@anonymous 9:04 AM: TOTALLY untrue;
read deed restrictions for Wimberley Springs Community Association, then compare to deed restrictions (many sets) for WPOA. Do your homework before spreading untruths.
TO the anonymous who said:
"Wrong anonymous water wells are controlled the state. You can not drill a water well on less than 6 acres. No matter what your feelings for the WPOA they can not grant water well permits only the state/county can."
Well this is a classic example of someone that practices law through pure gossip and hearsay. You obviously are not an attorney and you aren't particularly educated in this area either.
The 6 acre "rule" you refer to is nothing but a subdivision planning rule and it only applies (in the event it is ever deemed legitimate) to subdivisions platted after the effective date of the rule - not existing subdivisions. The rule is of questionable validity, has already been challenged, and is wholly inapplicable to property in the WPOA area anyway. Got it?
No one ever suggested that "WPOA could grant water permits". The HOAs in the area are used to prevent property owners from being able to implement a well even though there is not a state or other law prohibiting it. Under the guise of "private restrictions" the HOAs are used to hold homeowners hostage to private utilities. You have idiots in charge of these HOAs who are so convinced they are "preserving property values" they aren't smart enough to realize that they are giving value in owners' properties to third parties. The HOAs do NOTHING positive for the involuntary members. That should be apparent from the scheme of involuntary membership to begin with.
You also fail to recognize that the "state/county" has little to do with the permitting process and that not all wells require permits. Within the territory of a groundwater conservation district (GCD), the GCD regulates access/pumping of groundwater. There are classifications of access rights including "exempt" and "permit required". Exempt applications must comply with district rules on well construction, registration, pumping limitations, and use. Those outside these limitations (e.g., water utilities selling water to others) must obtain a permit.
Perhaps you could familiarize yourself with the law a bit more before spouting off here. There is no "6 acre" limitation on any non-subdivided property or any existing platted lot.
To Anon Mar 7, 12:35 PM:
You seem knowledgeable about
restrictions on drilling wells.
You say that there are no state
laws restricting a property owner
from drilling a well on his own
land. I thought that was the case,
and I've been wondering whether
a lot owner in a platted
subdivision such as Woodcreek
North could successfully mount a
lawsuit to overturn the deed
restrictions there which state
that lot owner cannot drill a well
but must sign on with developer's
choice (in this case, Aqua Texas).
What do you think are the chances
of such a suit being successfull?
In such an instance the amount of
water used by the individual well
driller would be no more than used
by him/her through the current water supply company. In fact, the water used would be LESS in Woodcreek North, because the new individual well would not have the 40%+ water loss that the old lines in Woodcreek North now cause.
WSP has the same restrictions against drilling personal wells. I looked into drilling there and aside from the legal costs of mounting a lawsuit the drilling costs were prohibitive. Sad to say but its cheaper to not rock the boat.
To Anon Mar 7, 12:35 PM:
Additionally, Woodcreek North is
divided into many "sections," and
the deed restrictions vary a bit
from section to section. In the
past, sections have been able to
change their deed restrictions by
having a majority of the lot owners
sign on to changes and submit them
to the WPOA Board for approval.
The entire City of Woodcreek was originally a part of WPOA, and they
seceded section by section and
formed the City of Woodcreek.
So, I'm wondering whether the
present sections of Woodcreek
North could change their deed
restrictions to state that a lot
owner can drill a private water well.
Anonymous 03/07/2011 1:21 PM:
The public policy as deliniated by the Texas Supreme Court disfavors restrictions on the use and enjoyment of land. Restrictions will be upheld if unambiguous and for a proper purpose.
The question is whether prohibitions against wells are "for a proper purpose". I submit that they are not. They are designed to extend a utility monopoly beyond what the utility can obtain under the law with its CCN. In addition, the results of such a monopoly would appear to be contrary to public policy - i.e., the sheer wasting of groundwater through "regionalization" or "centralization", etc. This is all done under the false pretest of "community". In reality it is nothing but a monopolization scheme that inevitably has bad results for all involved except the utility.
Perhaps a court would agree that such a restriction is for an improper purpose and against public policy.
One thing that has not been brought up about WSP’s permit for water for their Golf Course in WN, is that if they were denied the permit and couldn’t rebuild it, they could re-plat the acres occupied by the course into ¼ acre lots for homes. I can’t imagine how many lots that would be but ATI would have to supply water and wastewater services for them all. Just a thought. How does that grab you?
To last Anonymous:
Good to know.
But WSP almost HAS to keep both
golf courses unbuilt on because
they have contract with Aqua Texas
that runs through 2037, and that
contract says that WSP will take
up to 600,000 gallons of wastewater effluent per day on the
2 courses. In other words, they
are scratching Aqua's back (taking
some of their sewage for them) in
return for Aqua's scratching their
back by saying they will provide
water and wastewater services for
the more than 1300 quarter-acre
lots which WSP owns in Woodcreek
North and Wimberley Springs.
It's true that WSP might plat part
of the golf course in Woodcreek
North, but I don't think the City
of Woodcreek would be happy about
accepting ALL of the 600,000
gallons on the course over there.
The stench, dontcha know....
Aqua is already stretched beyond
its limit to process sewage. Especially since the new elementary
school opened (and Aqua serves it).
“Aqua is already stretched beyond its limit to process sewage. Especially since the new elementary
school opened (and Aqua serves it).”
Sound like it’s time for port-a-potties at the new school. This would prepare the little nippers for the world to come. It seems that wastewater issues trump all the concern about the Aquifer. I don’t guess pumping the excess treated effluent to the Blanco River is an option right now. It may however, be a viable option in the future. Stay tuned.
Richard if that is what is what you feel about the wpoa board why don't you resign. I am sure that the board would welcome it. No one wants to think that someone they know wants "to save them from themselves". What an insult if I was on that board I would vote to remove you at once and no I am not on the board nor am I an employee. If I was I would resign rather than serve with the likes of you. I apologize to the rest of the readers of this blog for my rant but I am tired of the self serving rants of this person. I do not know him nor do I wish to know him. Any one who is willing to serve on a poa or any type of unpaid board is deserving of our respect for undertaking a thankless job that usually brings nothing but complaints and insults. Shame on those who either choose not to serve or only serve to further their own ego.
Typical groupthink mentality.
If you disagree with other board members then you must not be permitted to be a board member? And who makes that decision ... the other board members? I think not.
wrt the remark "Any one who is willing to serve on a poa or any type of unpaid board is deserving of our respect for undertaking a thankless job that usually brings nothing but complaints and insults."
Most people like serving on those boards as empire building experiences and to exert control over others. Existing WPOA board members are upset that they are losing control over and revenue from properties of owners who have successfully been able to escape the clutches of the WPOA. No doubt there will be more leaving when the opportunity arises. WPOA seems to serve primarily for the benefit of WVWA - taking owner's properties via foreclosure and then giving the property over to WVWA which excusing WVWA from having to pay assessments. What a racket.
wrt the remark "Shame on those who either choose not to serve or only serve to further their own ego."
Yeah well if the rest of the board members knew any shame they would have recommended shutting down the WPOA a while back or at least stop using it to take property from members and gifting it over to the WVWA under some sick charitable contribution theory.
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